20030926Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
CO MMISSI 0 NER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
WORKING FILE
FROM:DOUG COOLEY
DATE:SEPTEMBER 24, 2003
RE:STAFF REVIEW OF INTERCONNECTION AGREEMENTS; CASE
NOS. QWE-03-20 AND VZN-03-
BACKGROUND
Under the provisions of the Federal Telecommunications Act of 1996, interconnection
agreements must be submitted to the Commission for approval. 47 US.C. ~ 252(e)(I). The
Commission may reject an agreement adopted by negotiations only if it finds that the
agreement: (1) discriminates against telecommunications carrier not a party to the agreement;
or (2) implementation of the agreement is not consistent with the public interest, convenience
and necessity. 47 U.C. ~ 252(e)(2)(A). As the Commission recently noted in Order
No. 28427, companies voluntarily entering into interconnection agreements "may negotiate
terms, prices and conditions that do not comply with either the FCC rules or with the
provisions with Section 251(b) or (c)." Order No. 28427 at 11 (emphasis original). This
comports with the FCC's statement that
, "
a state commission shall have authority to approve
an interconnection agreement adopted by negotiation even if the terms of the agreement do not
comply with the requirements of (Part 51)." 47 C.R. ~ 51.3.
THE CURRENT APPLICATIONS
The Commission has been asked to approve one interconnection agreement and one
amendment to an existing interconnection agreement. The items are discussed in greater detail
below.
DECISION MEMORANDUM SEPTEMBER 24, 2003
1. Qwest Corporation and Proiect Mutual Telephone Cooperative (Case No.
QWE- T -03-20). In this Application, the parties request that the Commission approve a resale
interconnection agreement.
2. Verizon Northwest, Inc. and MCI Worldcom Communications, Inc. (Case No.
VZN-03-6).In this Amendment, terms and conditions are added regarding collocation.
ST AFF ANALYSIS
Staff has reviewed the Applications and did not find that any terms or conditions are
discriminatory or contrary to the public interest. Staff believes that the Agreements are
consistent with the pro-competitive policies of this Commission, the Idaho Legislature, and the
Federal Telecommunications Act. Accordingly, Staff believes that the Agreements merit the
Commission s approval.
COMMISSION DECISION
Does the Commission approve the Application for interconnection and the Amendment
to the existing interconnection agreement?
41ey
i:drnerno/intc drn29
DECISION MEMORANDUM SEPTEMBER 24, 2003